Federalist Papers – Essay #82

In Essay #82,The Judiciary Continued, Alexander Hamilton addresses the concern about conflicts arising from the existence of federal and state courts – the “doctrine of concurrent jurisdiction,” i.e., which courts have primary jurisdiction, and how appeals should be made from lower courts to higher. He is explaining the passage in the Constitution that states, “The […]

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Federalist Papers – Essay #81

In Essay #81, The Judiciary Continued, and the Distribution of the Judicial Authority, Alexander Hamilton describes the separation of judicial authority among the different types of courts and the relationship between these courts. Article 3, Section 1, of the Constitution states, “The judicial power of the United States is to be vested in one supreme […]

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Federalist Papers – Essay #80

In Essay #80, The Powers of the Judiciary, Alexander Hamilton presents five principles of judicial authority and then shows how the proposed Constitution conforms to them. He describes the six kinds of cases over which there should be jurisdiction: Cases that relate to federallaws, Cases that relate to the USConstitution, Cases that involve the USgovernment […]

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Federalist Papers – Essay #79

In Essay #79, The Judiciary Department Continued, Alexander Hamilton aims at reassuring people that age is not a factor in the judiciary and that appropriate compensation for judges – in addition to lifetime appointments – will diminish the possibility of corruption and/or abuse. Specifically, he writes: “NEXT to permanency in office, nothing can contribute more […]

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Federalist Papers – Essay #78

In Essay #78,The Judiciary Department, Alexander Hamilton extends his arguments for constitutional ratification by addressing the purpose and powers of the Judiciary including life appointments. It must be pointed out the Constitution does not explicitly give the Supreme Court the power to declare a law enacted by Congress and signed by the President as unconstitutional, […]

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